01/25/2011: "Rape Case Dismissed"

A rape case that received a seven month delay between filing of charges and a trial has been dismissed after the victim "felt she needed to end her participation in the case," said Prosecutor Randall K. Gaylord.

Judge Donald E. Eaton has accepted the prosecutors’ motion to dismiss a case against an Orcas Island man for rape. The case was scheduled for trial beginning February 7.

“We make every effort before filing charges to assess a victim’s ability to stay with the case. But in a case like this, if a victim declines to proceed, we are compelled to promptly ask the court to dismiss the case for that reason only,” said Gaylord.

Gaylord said that the seven month delay between the filing of charges and trial was a factor that was difficult to overcome.

Gaylord explained that cases in San Juan County are no different from cases around the nation, and they have the same problems. “Once charges are filed, we want to go to trial within 90 days,” said Gaylord.

“This young woman is a brave and strong person and we recognize there are a lot of factors which are made more difficult as time goes on,” said Gaylord.

Gaylord added that she had excellent recollection of events and promptly reported the incident. “Up until we filed the motion, we were prepared to go forward and let the jury decide the facts,” said Gaylord.